Spain’s driving fine myths: what the law actually bans

A pair of flip-flops, a cheeky sandwich and an elbow out the window have all acquired expensive reputations on Spain’s roads. While some actions are clearly prohibited, others only become offences when they interfere with safe driving.

The three everyday habits that are not automatically illegal

Many of the easily missed road offences are already established rules rather than a new package of fines, and several depend on how an action affects the person behind the wheel. Articles 17 and 18 of Spain’s General Traffic Regulations require drivers to remain in control, preserve their freedom of movement and field of vision, maintain a suitable position and pay permanent attention.

That produces three commonly misunderstood fines:

• Flip-flops, thick coats or driving without a shirt
  Possible fine: Up to €100, or €200 if the driving is classed as negligent.
  When it applies: Spain’s rules do not prescribe a particular driving outfit. A fine becomes possible if clothing or footwear restricts movement, interferes with the pedals or prevents proper control of the vehicle.

• Eating or drinking behind the wheel
  Possible fine: Up to €100.
  When it applies: Eating an ice cream or taking a drink is not prohibited by name. But it can become an offence if it distracts the driver or prevents the permanent attention required by law.

• Driving with one hand or resting an arm at the window
  Possible fine: Up to €100.
  When it applies: This is not an automatic fine if a person is just moving their arm or quickly stretching. The issue is whether the driver’s position or use of the arm prevents adequate control of the vehicle.

In other words, the eating of a sandwich, wearing a large coat or use of a pair of flip-flops are not offences by themselves. But if they affect the control of the steering wheel or the foot pedals, then you could be in trouble. 

These three offences come with much clearer penalties

Other rules leave far less room for interpretation because the prohibited action and standard penalty are set out directly.

• Holding a mobile phone while driving
  Fine: €200.
  Points: Six.
  When it applies: Just holding the phone in your hand is enough. It does not need to be making a call or checking Instagram.

• Throwing a cigarette end or another dangerous object
  Fine: €500.
  Points: Six.
  When it applies: The penalty covers throwing an object onto or beside the road when it could cause a fire or accident. A cigarette end is the most obvious example during Spain’s high-risk summer months.

• Remaining in the centre or left lane unnecessarily
  Fine: €200.
  Points: None.
  When it applies: On motorways, autovías and other multi-lane roads outside built-up areas, traffic should normally use the right-hand lane. The other lanes are available when overtaking or when road and traffic conditions justify using them.

The lane rule differs on marked urban roads, excluding motorways and autovías. Drivers may generally choose the lane best suited to their destination, provided they do not obstruct other traffic.

The horn is not for saying hello

Spain’s rules allow the horn in a limited number of situations, mainly to prevent a possible accident, warn of an intended overtake outside a built-up area or signal a vehicle’s presence during a justified emergency.

• Using the horn without a valid reason
  Possible fine: Up to €100.
  When it applies: Unnecessary, exaggerated or strident horn use is prohibited. Spotting a friend on the pavement does not turn the horn into an acceptable greeting.

Pedestrians can also be fined under traffic rules:

• Walking on an autovía (motorway, dual carriageway) or on the wrong side of an interurban road
  Possible fine: Up to €100.

• Ignoring a red pedestrian light.
  Possible fine: €200.

The exact circumstances still matter, but travelling on foot doesn’t place someone outside traffic law.

Two penalties that change from one town to another

Some widely shared “Spanish road fines” are actually governed largely by municipal ordinances. There is no single national amount that applies in every town.

• Washing a car or changing its oil in the street
  Fine: Set by the local council.
  When it applies: Councils can prohibit washing vehicles or carrying out maintenance on public roads through cleaning and environmental rules. Penalties can be considerably higher when oil or another hazardous substance is left on the road.

• Leaving a car parked in the same place for an extended period
  Fine: Depends on the local rules and circumstances.
  When it applies: Councils may require owners to check for temporary restrictions caused by works, removals or events, after which the vehicle could be fined or towed.

Anyone leaving a vehicle unattended for a long period should therefore check the local ordinance and make sure temporary signs have not appeared nearby.

A fine arrives with a 20-day decision

For most fines issued by the Directorate-General for Traffic (DGT), the recipient has 20 calendar days from notification to pay with a 50 per cent reduction or submit an appeal. Paying at the reduced rate ends the administrative procedure and means giving up the right to make allegations through that route. Any associated licence points still apply.

Before accepting the discount, it is worth reading the allegations carefully. For wearing certain clothes, eating some food or hanging an arm outside a window, the important allegation should concern lost control, restricted movement or reduced attention, rather than a blanket ban that doesn’t appear in the rulebook.